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Home My WebLink About11-09-21 City Commission Meeting MinutesBozeman City Commission Meeting Minutes, November 9, 2021 Page 1 of 11 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES November 9, 2021 Present: Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent: None Staff Present in the Webex: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A) 00:05:30 Call to Order - 6:00 PM - WebEx Videoconference B) 00:05:36 Pledge of Allegiance and a Moment of Silence C) 00:06:05 Changes to the Agenda • CM Mihelich noted the removal of Consent Item G13. E) 00:06:37 FYI • Mayor Andrus thanked all members of Citizen Advisory Boards. • CM Mihelich highlighted the completion of the Sourdough Fuels Reduction Project and the Can the Griz collaboration with Parking Enforcement. F) 00:09:30 Commission Disclosures • There were no commission disclosures. G) 00:09:32 Consent G.1 Accounts Payable Claims Review and Approval G.2 Sub-grantee Acceptance of the Edward Byrne Memorial Justice Assistance Grant in the Amount of $103,880 and Authorization to Sign the Contract with Gallatin County Allocating the Use of Those Funds Program Face Sheet and Exhibits.pdf G.3 Authorize the City Manager to Sign the Low Income Home Water/Wastewater Assistance Program Contractor Application and Contract LIHWAP PWS Letter Contract.pdf G.4 Authorize the City Manager to Sign a Contract for General Contractor / Construction Manager Services for the Bozeman Public Library Expansion 1 - Contract between City and GCCM.docx DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 2 of 11 2 - Pre-Construction Services Conditions.docx 3 - General Conditions.docx 4 - Nondiscrimination and Equal Pay Affirmation.docx G.5 Authorize the City Manager to Sign a Professional Services Agreement with Ken VanDeWalle Architect AIA, Inc. for Architectural Services for East Aspen Pedestrian Bridge Architectural Services Agreement November 2021.docx Aspen Street Pedestrian Bridge Professional Fee Proposal.pdf G.6 Authorize the City Manager to Sign a Professional Services Agreement with Morrison Maierle for North Seventh Streetscape Project Engineering Short Form PSA Engineering_MMI_Midtown Oct 2021.pdf G.7 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Bozeman Wastewater Collection System Model Update Amendment No. 1 to Professional Services Agreement Original Professional Services Agreement Figure - Exhibit A G.8 Authorize the City Manager to Sign the Second Amendment to Professional Services Agreement with MacDonald Consulting for Lobbying Services Second PSA Amendment for lobbying services with MacDonald Consulting.docx G.9 Resolution 5351 Confirming the Appointment of a Police Officer in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113 Commission Resolution - Fitzpatrick Confirmation.pdf G.10 Resolution 5352 Authorizing Change Order 4 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project Norton-Davis Resolution 5352 and Change Order No. 4.pdf G.11 Ordinance 2084 Final Adoption: Ordinance Generally Revising Laws and Regulations Related to Marijuana ORDINANCE NO 2084 Final Adoption.pdf HB0701 final.pdf G.12 Ordinance 2088 Final Adoption of the Gran Cielo Subdivision Phase 2 Zone Map Amendment to Change 8.552 Acres From R-4, Residential High Density District to R-5, Residential Mixed Use High Density District at the Northwest Corner of the Intersection of S 27th Avenue and Bennett Boulevard, Application 21095 Ordinance 2088 Gran Cielo Phase 2 ZMA 21095.pdf GRAN CIELO ZMA MAP 10-07-21.pdf G.13 Ordinance 2092 Final Adoption Amending Bozeman Municipal Code Section 2.03.540 governing Gifts, Gratuities, and Favors 211027 Gifts-Ethics Ordinance_final.pdf G.14 Ordinance 2094 Final Adoption to Rezone 3.492 Acres from R-4, Residential High Density District to R-5, Residential Mixed-Use High Density District, Application 21172 Lot 5C Ordinance 2094.pdf 210040 Lot 5C Annie Subdivision Phase 2 Zone Map Amendment (2021.10.13).pdf 00:09:42 CM Mihelich provided the highlights of the Consent Agenda. 00:10:24 Public Comment • There were no public comments on the Consent Agendas. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 3 of 11 00:13:14 Motion I move to approve Consent Items 1-12 & 14. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:13:32 Vote on the Motion to approve I move to approve Consent Items 1-12 & 14. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H) 00:13:54 Consent II: Items Acted Upon Without Prior Unanimous Approval H.1 00:14:11 Ordinance 2093 Final Adoption of the Gallatin County Rest Home Zone Map Amendment to Revise the Zoning Map on 9.8 acres at 1221 Durston Road from R3 Medium Density Residential to R4 High Density Residential, Application 21330 Ordinance 2093.pdf 00:14:17 City Manager Introduction 00:14:37 Motion I move to approve Consent II as submitted Item H1. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:14:50 Vote on the Motion to approve I move to approve Consent II as submitted Item H1. The Motion carried 4 - 1 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: Jennifer Madgic I) 00:15:17 Public Comment • There were no general public comments. J) 00:18:20 Special Presentation DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 4 of 11 J.1 00:18:21 First Quarter Financial Report FY22 QTR 1 Report .pdf 00:18:24 City Manager Introduction 00:18:39 Staff Presentation Finance Director Kristin Donald provided the first quarter financial report of FY22. She presented the all fund expenditures and revenues. She provided an update on the general fund expenditures and revenue. She provided an update on other funds - community development and impact fees. She provided an update on enterprise funds expenditures and revenues. She provided an update on the ARPA funds. K) 00:24:39 Action Items K.1 00:24:42 Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1 Resolution 5338-Creation of SILD 766.docx 00:24:44 City Manager Introduction 00:24:57 Staff Presentation Finance Director Kristin Donald presented SILD 766. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:25:59 Questions of Staff 00:27:40 Public Comment • There were no public comments. 00:30:08 Motion Adopt Commission Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:30:28 Discussion • Cr. Pomeroy noted creating a lighting district is part of final plat approval and she will be supporting the motion. 00:30:58 Vote on the Motion to approve Adopt Commission Resolution 5338 Creation of Special Improvement Lighting District 766, Northwest Crossing Phase 1. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 5 of 11 Christopher Coburn Disapprove: None K.2 00:31:18 Resolution 5340 Creation of Special Improvement Lighting District 768 for Allison Subdivision Phase 4A Resolution 5340-Creation of SILD 768 Allison Subdivison Ph 4A.docx 00:31:19 City Manager Introduction 00:31:31 Staff Presentation Finance Director Kristin Donald presented SILD 768. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:32:24 Questions of Staff 00:32:46 Public Comment • There were no public comments. 00:34:33 Motion Approve Commission Resolution 5340, Creation of Special Improvement Lighting District #768 for Allison Subdivision Phase 4A. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:34:49 Discussion • DM Cunningham noted on October 19, 2021 the Commission signaled its intent to create this lighting district and have not heard any objections so he will be approving the motion. • Cr. Madgic will be supporting the motion. • Cr. Pomeroy will be supporting the motion. 00:35:38 Vote on the Motion to approve Approve Commission Resolution 5340, Creation of Special Improvement Lighting District #768 for Allison Subdivision Phase 4A. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 6 of 11 K.3 00:35:57 Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.) Resolution 5342-Creation of SILD 767 .doc 00:36:02 City Manager Introduction 00:36:14 Staff Presentation Finance Director Kristin Donald presented SILD 767. She presented the fixtures to be installed, a map as submitted by the applicant, and the lighting assessment. She highlighted there were no public comments or written protests. 00:36:55 Questions of Staff 00:37:16 Public Comment • There were no public comments. 00:39:34 Motion Adopt Commission Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.). Jennifer Madgic: Motion Christopher Coburn: 2nd 00:39:55 Discussion • Cr. Madgic will be supporting the motion and noted there were no protests. 00:40:20 Vote on the Motion to approve Adopt Commission Resolution 5342 Creation of Special Improvement Lighting District 767, Bozeman Gateway Subdivision PUD Phase 4 (West Garfield St.).. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.4 00:40:40 Resolution 5349 Amending the City Annual Budget for the Street Impact Fee Fund and the Arterial & Collector District Fund FY22 Appropriations and Amend the Capital Improvement Plan A&C and SIF Budget Amendment.docx Resolution 5349 Budget Amendment SIF and A&CD.docx 00:40:44 City Manager Introduction 00:40:59 Staff Presentation DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 7 of 11 Finance Director Kristin Donald presented Resolution 5349 amending the budget and CIP. She presented the change to the CIP and the budget amendment. 00:43:52 Questions of Staff 00:55:01 Public Comment There were no public comments. 00:57:43 Motion Move to Approve Resolution 5349 Amending the city Annual Budget for Street Impact Fee Fund and Arterial & Collector District Fund Fy22 Appropriations and Amend the Capital Improvement Plan Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:58:06 Discussion • Cr. Coburn will be supporting the motion and noted appreciation for staff work in swapping projects to enhance the quality of life in Bozeman. • Cr. Pomeroy will be supporting the motion and highlighted saving tax payer dollars. • DM Cunningham will be supporting the motion. He noted issues with North/South connectivity and future plans to enhance connectivity. • Cr. Madgic will be supporting the motion and highlighted the positive recommendation from the Impact Fee Advisory Committee. • Mayor Andrus will be supporting the motion and associated herself with the comments of her colleagues. 01:02:33 Vote on the Motion to approve Move to Approve Resolution 5349 Amending the city Annual Budget for Street Impact Fee Fund and Arterial & Collector District Fund Fy22 Appropriations and Amend the Capital Improvement Plan. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.5 01:02:54 Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations. Resolution 5350 Budget Amendment Building Inspection Fund.docx 01:02:59 City Manager Introduction 01:03:12 Staff Presentation DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 8 of 11 Finance Director Kristin Donald presented Resolution 5330. She provided the background on the budget amendment. 01:03:43 Questions of Staff 01:08:34 Public Comment • There were no public comments. 01:10:59 Motion Move to Approve Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 01:11:19 Discussion • Cr. Pomeroy will be supporting the motion and thanked CM Mihelich for hiring more inspectors. • DM Cunningham will be supporting the motion and noted he would support Cr. Coburn's request to seek out hybrid or electric vehicles. • Cr. Madgic will be supporting the motion and stressed the importance of replacing the City fleet with hybrid and electric vehicles. • Cr. Coburn will be supporting the motion and indicated he will amend the motion. 01:13:51 Motion Move to Amend Resolution 5350 to specify in Section 1, to increase appropriations $72,000 for purchasing two electric or hybrid vehicles for both building inspection staff. Christopher Coburn: Motion Jennifer Madgic: 2nd 01:14:14 Discussion 01:14:43 Vote on the Motion to amend Move to Amend Resolution 5350 to specify in Section 1, to increase appropriations $72,000 for purchasing two electric or hybrid vehicles for both building inspection staff. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 01:15:09 Vote on the Motion to approve Move to Approve Resolution 5350 Amending the City Annual Budget for the Building Inspection Fund FY22 Appropriations.. The Motion carried 5 - 0 Approve: DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 9 of 11 Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L) 01:15:30 Work Session L.1 01:15:34 Annexation Policy for City Initiated Annexations Staff Memo 3 23 20 Annexation.pdf Resolution 5156 Adopting Extension of Services Plan 3 23 20.docx Extension of Servcies Plan DRAFT 3 13 20.pdf 01:15:37 City Manager Introduction 01:16:01 Staff Presentation CM Mihelich presented the background for City initiated annexations. He highlighted the questions for the Commission. 1) Do City initiated annexations remain a priority? 2) If so, does the Commission wish to develop an extension of services plan for city initiated annexations? and 3) If so, should staff develop a preliminary implementation plan? He provided past considerations. He provided a map and information about wholly surrounded properties and the current policy. He provided background on annexation in Montana and information on an extension of services plan. He highlighted what happens when an area is annexed. He highlighted next steps. 01:34:53 Recess Mayor Andrus called the meeting into recess. 01:40:52 Call back to Order Mayor Andrus called the meeting back to order. 01:41:00 Questions of Staff 02:52:16 Public Comment 02:54:06 Ralph Zimmer, Public Comment • Ralph Zimmer commented encouraging the City annexation of the railroad property at the intersection of Frontage Road and Valley Center Spur. He asked transportation not be overlooked when considering annexation. 02:58:29 Catherine Siepel, Public Comment • Catherine Siepel commented on the cost of annexation to the homeowners and neighborhood character. DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 10 of 11 03:02:29 Ruth Eddy, Public Comment • Ruth Eddy commented she lives in a tiny house in a county island and does not believe the City would permit that. She asked the Commission take that and general affordability into account. 03:04:48 Jason Delmue, Public Comment • Jason Delmue commented the Commission should prioritize and implement the annexation plan on the easier properties first and then prioritize the rest by the potential of failure. 03:07:27 Evan Rainy, Public Comment • Evan Rainy commented on affordability and annexation. 03:10:40 Lilly McClain, Public Comment • Lily McClain commented on the connection to the environment and public health with annexation. She also commented on affordability. 03:13:24 Trisha Wookey, Public Comment • Trisha Wookey commented on water and sewer issues, drought and tax revenue. 03:15:29 Discussion 03:38:49 Direction to the City Manager M) 03:42:14 FYI / Discussion • DM Cunningham noted the CAHAB meeting has moved to November 16, 2021 at 8am. N) 03:42:51 Adjournment ___________________________________ Cynthia L. Andrus Mayor ATTEST: ___________________________________ Mike Maas City Clerk DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF Bozeman City Commission Meeting Minutes, November 9, 2021 Page 11 of 11 PREPARED BY: ___________________________________ Jesse DiTommaso Deputy City Clerk Approved on: January 4, 2022 DocuSign Envelope ID: ADAD5127-12A2-43C0-9E71-21F305FD46EF